58-05cl Approve and sign the Minutes of the Meeting held on 18th July 2005 It was proposed by Cllr Rees and seconded by Cllr Huskisson RESOLVED to approve the minutes of the meeting held on 18th July 2005 and that they be signed by the Chairman.

59-05cl. Matters arising from the Minutes dated 18th July 2005
i) Affordable Housing. The Clerk had circulated the documents sent to the Council by Rebecca Hair who had spoken to the July meeting. She has subsequently received a letter from Austin Wade of CDC who was also present at that meeting to inform the Council that an enquiry has been received by CDC from a developer who is considering a site at Long Meadow which could yield up to 9 affordable housing units. After discussion it was decided to proceed with a housing survey, and to let the chairman and vice-chairman have ideas about items for a Sec 106 which might be available on an application still to come on Long Meadow.
ii) Min 47-05cl a i) Village Pond insurance - the Clerk reported that she had sent off a copy of Cllr Huskisson's risk assessment of the pond to our insurers and has received a reply which implies that the Council will not be covered unless there is a sign on the pond warning of its danger. It was agreed to write and say Rospa has said we do not need a sign.
iii) Min 47-05cl b i) Audit. The Clerk reported that the audit has been returned approved, and the invoice is in the list of accounts to be paid in the finance section of the agenda.
iv) Min 55-05cl ii) Canal water level - Cllr Ms Huskisson reported that it is now higher than usual. There are still problems with Salterns Lock, which needs a lot of attention. Need to lobby Canal Restoration Steering Group to have a hydrological survey done to find out where the water comes from. It would be helpful to register concern with WSCC about the state of the lock gates.
v) Tawney Nursery - no decision has yet been made on caravans.

60-05cl Clerk's Report including:
a) WSCC Reports, highways matters and correspondence
i) Provisional West Sussex Transport plan 2001-2016 Stage 4 - comments are required by 31st October - Cllr Tilbury agreed to look at this for the Council.
ii) The Council has been asked for its opinion on roundabout sponsorship in West Sussex. Comments are needed by end September. After discussion it was decided that this would only be a good idea if it involved control on signs, clearance of unapproved advertising and controls on use of advertising.
iii) West Sussex Minerals Development Plan Document: Sustainability Appraisal Scoping Report - comments were invited by 26th August, but because of holidays it had not been possible to get this to any councillor for comment during the relevant time.
iv) Safety on A286 - correspondence between Chairman and Philippa Young was circulated to all councillors.
v) Manhole cover on Birdham Straight cycle track - the chairman was asked to speak to Steve Hodd about this.
vi) Car sales opposite Birdham Stores - individual or trade? It was agreed to monitor the situation.
vii) Parking in Crooked Lane - the Chairman reported on the situation. He has contacted PCSO Rose Bainbridge who has visited the site and has tried to persuade people, and issued tickets to 2 people who were illegally parked.

b) CDC Reports including correspondence
i) Shaping the Future update 2 - a series of documents will be published on 23rd September - possible extra meeting on 11th October at 7.30.
ii) From 3rd October CDC will be emailing details of planning to the Parish Clerk as well as sending the paper version, and will be allowing 21 days rather than 14 for comments. This should make life easier for the council.
iii) The Council has received a letter from CDC's Rural Housing Enabler Austin Wade, asking if the Council has any plans to consider affordable rural housing. In view of developments elsewhere in the agenda this was noted.
iv) A summary of the responses to the Local Development Framework is now available on CDC's website. It is approx 200 pages and can be downloaded or the Council could request a copy if they so wish. This was noted.
v) The Council has been asked if it has any comments to make about Birdham Village Hall's application to renew their Public Entertainment Licence. It was decided not to comment. The Chairman reported on the licence change application at the Bell Inn. The Chairman has now been invited to attend the hearing on this to be held at 14.30 on 28th September in Training Room 1 at East Pallant House.
vi) The Council has received CDC's Annual Performance Plan for 2005-6. This has been placed in the Correspondence file.
vii) Shredded paper - the Chairman reported that paper which has been shredded cannot be re-cycled unless it is in paper bags because it blows away.
viii) Information about the Joint Fund for Community Transport has been received and is available for those who might wish to see it.
c) Other related matters:
i) MMVS will be holding their AGM on October 4th at 12.00. Cllr Mrs Rees is not able to attend for the Council.
ii) Citizens' Advice Bureau will be holding their Annual Public Meeting on 10th October at 6pm in Edes House. The Clerk will be attending and Cllr Churchill agreed to attend.
iii) Local Works has sent the Council information about the Campaign for Sustainable Communities Bill with information about how to help. It was decided to send a letter of general support.
iv) Mr and Mrs Moore from 10 Bell Lane have written to inform the Council that their neighbours do not object to the streetlight outside their house being shielded from the houses. This will be done at no cost to the Council.
v) Action in Rural Sussex has written to offer surgeries to help develop Parish Action Plans. There is one at Duncton Village Hall on 22nd September and one at Walberton Village Hall on 23rd September. This was noted
vi) The Land Registry Portsmouth Office has offered a reduced price registration of any land owned by the Council but not yet registered. After discussion with the Chairman, the Clerk believes that two bus shelters and the field may not be registered. She will pursue the matter with the Land Registry.
vii) The Office of the Deputy Prime Minister has sent Proposed Changes to Regional Planning Guidance for the South East. Comments are required by 11th November 2005 and Cllr Mrs Rees agreed to read this and comment for the Council.
viii) Defra has sent a Consultation Document on Rural Social and Community Programme. Responses need to be in by 13th October. Cllr Baillieu agreed to respond for the Council.
ix) SALC and AiRS have sent a number of papers including details of a training course, and the SRCC AGM, and a questionnaire which the Clerk has completed and sent off.
x) Subsequent to a telephone conversation with the Chair of Fishbourne Parish Council, the Clerk enquired of WSCC about a Parish Initiative Grant. It appears that our proposals to do work on the corner of Farne Lane and Crooked Lane would meet their criteria, so she has obtained an up-dated quote from Knight Fencing and sent in an application for a grant. She has been told that a grant of £500 will be awarded and in fact the cheque arrived today, so she has put in the order for the work.
xi) Espace - the Chairman tabled a report on this. Birdham could be offered as a pilot in parts of the Action Plan, possibly using the Village Hall for an energy-saving project. The Council could make some enquiries about possible ways of progressing this, also drainage may need to be highlighted.

61-05cl Planning Matters including CDC decisions

A Planning paper has been circulated to all councillors.
Plans to be determined at the meeting:

BI/05/02655/FUL - Mr and Mrs Farquhar Thomson, Barn north of Martins Cottage, Martins Lane, Birdham - change of redundant farm building to 2 no. units of holiday accommodation -This barn conversion lies just outside the SPA in an Area of Outstanding Natural Beauty. and we therefore felt that a site visit was warranted. The adjacent fields are down to grass and the present owner assured us that there was no intention to change that (for example, by the provision of a garden to the development). We recommend that a condition of development should be that the curtilage of the property should remain as shown on the site map and that the barn should not be able to be sold separately from Martin's Cottage, the main property. Access to the development will be by the drive to the main house. Southern Water will presumably comment on drainage and sewerage, which seems uncertain on the application. We are satisfied that the use of this development as holiday accommodation will not contribute significantly to the traffic on Martin's Lane. There is no intention to go beyond the footprint of the present barn, which is a substantial building, and we have no comments on the design or materials of the development except to point out that the owner seemed to assume that the balcony shown on Existing Side Elevation will be retained; that is not shown on the Proposed Side Elevation or in any other part of the plans or elevations and part of it would not meet current building standards. The building to the rear of the property is a shed on an adjacent property and surrounded by trees. There would, in our view, be no loss of amenity to the neighbours. The Council therefore has NO OBJECTION to this application as long as the points mentioned above are clarified.

BI/05/02700/TPA - AS Hore, Crosstrees, Burlow Close, Birdham - felling of 1 no. horse chestnut tree (T4) subject to TPO/2/BI - Our Tree Warden has visited the site and spoken to a neighbour but not to the applicant. The trunk of the tree is not vertical but there are no signs of movement in the ground around the base and the neighbour has not seen any movement in the tree in the last six years; the tree is a haven for woodpeckers and a squirrel. The neighbour was under the impression that past interference with drainage had been caused by the roots of the adjacent oak tree and the road had been dug up to deal with that problem. There is no loss of light or other amenity to adjacent properties. There seem to the Council therefore to be insufficient reasons to take the radical step of removing this protected and handsome tree and we OBJECT to this application. We ask that the District Council's arboriculturist should visit the site, if he has not already done so, and make recommendations to the owner on the management of the tree.

BI/05/02930/FUL - Mr and Mrs S Crossley and Mr and Mrs D Sercombe, c/o Birdham Fruit Farm, Martins Lane, Birdham PO20 7AU - Creation of access utilising existing access from Martins Lane to Martins Lea and Birdham Fruit Farm - The Council wishes to OBJECT to this application. The Council's basic position on the development of this land is that the hedges and trees on the west side of fields A and B, as shown on the plan, have marked the boundary of the residential area of Birdham village at this point for many years and this was confirmed by the 1981 Inspector's report. Nothing has changed since then to warrant the intrusion of a residential drive into the arable field marked A and B which has recently been subdivided by the applicants with the fence shown on the plan as "Existing Hedge and Post and Rail Fence". The Council wishes to see this field remain open and rural. Residential access at this point would also create the possibility of a precedent for further residential development on these fields to which the Council is implacably opposed. We know of no permission for residential access granted at the point where the proposed drive crosses the tree and hedge line, although it is marked as "Access permitted" on the plan. Neither are we aware of any exemption under the Hedgerow Regulations: indeed the note from the District Planner appended to the recent permission to culvert the ditch to the west of the hedgeline suggests that permission needs to be sought separately for this and should not be assumed from the permission to culvert. The proposed drive would also exit onto Lock Lane (also known as Broomer Lane) which is a private road, owned by the Church Commissioners and maintained by them and the riparian owners at their own expense. We wonder if their permission has been sought. We note that the applicants cite extracts from letters written by residents in a different context about the sharpness of the bend at this point and the possible road safety danger. This was a point addressed by the Inspector in his dismissal of the previous application to construct a residential drive and he dismissed it as no worse than on many rural roads. It is held in the village that everyone knows of the potential danger and therefore exercises special care.

BI/05/02801/ COU - Birdham Fruit Farm, Birdham - The Council wishes to OBJECT to this application. Without the permission to develop a residential drive across the arable field to the east of the property, to which we have objected concurrently with this response, the same objections exist as for application 05/00973/FUL which was refused by the District Planner in July, namely that intensification of the use of the access onto Martins Lane would be detrimental to highway safety and contrary to policy DEV4 of the West Sussex Structure Plan and TR6 of the Chichester District Council Local Plan. Many other residents also objected to the previous application and there is no inconsistency in their view or the Council's view on this. It is one thing for those who live here to be aware of a potential danger and to act accordingly; it is quite another to expect transient visitors to be so.

BI/05/03003/FUL - Premier Marinas Ltd, Chichester Marina, Birdham - Reconfigure pontoon to attached plan to include relocation of driven piles to suit new pontoon arrangements - (We would point out that the Birdham Parish boundary runs through the middle of the Marina and is probably the dark continuous line shown on the application, so that technically this application lies within Apuldram Parish). The effect of this application is to reduce the total number of moorings in the Marina but to provide for larger boats. The Council has NO OBJECTION to this application.

BI/05/0288/COU - Hundredsteddle Farm, Birdham - The Policies which bear on this application seem to be policies B4 and B5. Under the former, this application appears to comply with Policy RE14. Under the latter, we have visited the site and discussed the plans with the applicants and they assure us that they will satisfy note 1 of Policy B5 (noise), especially as they live adjacent to the site. We believe this should nonetheless be specified in any permission. We were concerned about note 4 (traffic movements) and were assured by the applicants that the number of daily traffic movements would be less than those in connection with the present business operated from the site. There is currently a voluntary ban on the use of Heavy Goods Vehicles in Hundredsteddle Lane which leads to the site. We are satisfied under Note 6 (storage) that any storage would be under cover. The application is rather general in scope but we are satisfied that there will be no damaging change to the character of the countryside and therefore, subject to the suggestion on noise, the Council raises NO OBJECTION to this application.

BI/05/03024/DOM 1 Burlow Close, Birdham - We have visited the site and paid special attention to the screening of the buildings on the eastern and northern sides and the impact of the new ridge height on the dwelling to the west. The Council raises NO OBJECTION to this application.

BI/05/02655/FUL Barn north of Martins Cottage, Birdham (amendment) - When the representatives of the Council visited the site, the question of access was raised and we were given to understand that visitors would use the present drive and no further work was intended. We also pointed out the Council's concerns and those of the District Plan (paragraphs 159 and 161 of the Local Plan, for example) about the sanitisation of the countryside. We believe that there is no need to extend the existing drive into the field in order to provide access to this holiday accommodation and therefore OBJECT to this amendment. Should the Authority decide to favour this amendment we would urge that the extension should not be of gravel but of some form of "grasscrete" which would maintain the appearance of the present field.

It was proposed by Cllr Kyte and seconded by Cllr Drew RESOLVED to ratify the decisions taken since the last meeting.

BI/05/02655/FUL - Barn north of Martins Cottage, Martins Lane PO20 7AU - Change of use of redundant farm building to 2 no. units of holiday accommodation and associated works

Trees on the Canal - are in poor condition and need attention but no-one will take responsibility for them. Julie Robson - County's arboriculturist - could be asked to deal with this. Clerk to write to all interested parties.

63-05cl Reports:
i) Village Hall - the Clerk reported that the Public Works Loan Board loan had arrived on 8th August and that repayments will be due on 8th February and 8th August for the next 25 years. The Chairman reported that the building works are on schedule. Because of need for security for the bar etc, minor changes have been made so the social room has been made marginally smaller to allow a corridor to link these two. Windows will be asymmetric so one of the doors will be suitable for disabled emergency exit. There has been concern about a stall at car boot sales which has been selling knives, machetes and replica guns.
The Clerk added that the Council had only been paid for 3 of the five car boot sales and not yet for the fete. Trustees will look at the trust deed of the village hall to produce a new one.

ii) Play Area Report and Playing Field - the Clerk has read the Rospa report and a number of things in the play area need attention. Bin outside play area has not been emptied. Clerk to find out why. It was agreed to look into these. The brackets have now been fixed to the goalposts.

iii) Village Green and Pond - Still have not measured the distances at the back of the pond. Some councillors will aim to do this. Frank Berry has complained about the weed again. A different weed is growing. Some more clearance work needs doing.

iv) Footpaths and Bridleways - Footpath 37 - finger post by Egremont Bridge on ground - Clerk to contact Kathy Eels. The footpath by the car park at the Marina can be dangerous when traffic is moving.

v) Neighbourhood Watch - Cmdr Clarke has said that Locksacre Aquatic Park had their double glazing broken in and Mark Blackburn Trailers in the industrial park had a padlock taken. A house by Birdham Garage was broken into and a car had its tyres smashed. Noise and drinking in the play area between 2 and 4 o'clock in the morning was noted on 9th September.

Notes: The Clerk has transferred £13935.22 from the Village Hall account to pay the above bills, and £1500 from the Deposit account. The second part of the precept is due at the end of this month, and she will then move the part of the money destined for the village hall to the Village Hall account, and the remainder of the surplus to the deposit account.

It was proposed by Cllr Tilbury and seconded by Cllr Churchill RESOLVED to approve the financial report.

65-05cl Reports of Meeting attended by Councillors - Peninsula Community Forum
Canal Steering Group - Cllr Ms Huskisson reported that the meeting had discussed water level issues. No further forward with opening up the canal. Do not have a business plan for their trading.